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Patna High CourtCR. MISC./80725/2025bail granted

Naresh Yadav v. The State Of Bihar

2026-02-06Mr. Justice R. P. Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78787 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Satyendra Yadav S/O Naresh Yadav R/O Karmatand, P.O and P.S - Kawakol, District-Nawada, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 79702 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Gautam Kumar @ Gautam Yadav Son of Naresh Yadav Resident Of Village - Karmatand, P.S. - Kawakole District - Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80725 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Naresh Yadav S/o Late Mahavir Yadav Resident Of Village- Karmatand, PsKawakole, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 78787 of 2025) For the Petitioner/s :

Mr.Swarna Roy, Advocate For the informant :

Mr. Md. Sufiyan, Advocate Ms. Tooba Here, Advocate Ms.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 79702 of 2025) For the Petitioner/s :

Mr.Sheo Kumar Prasad For the informant :

Mr. Md. Sufiyan, Advocate Ms. Tooba Here, Advocate Ms.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr.Nityanand Tiwary, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 80725 of 2025) For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the informant :

Mr. Md. Sufiyan, Advocate Ms. Tooba Here, Advocate Ms.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, A.P.P.

2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioners seek bail in connection with Kawakole P.S. Case No. 456 of 2024, instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(3), 118(2), 109 and 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. Earlier vide order dated 25.07.2025 passed in Cr. Misc. No. 30085 of 2025, anticipatory bail of the petitioners was rejected by this Court considering the direct allegation against the petitioners, with a liberty to renew the prayer after six weeks, if the trial is not concluded.

4. Prosecution case, in short, is that on 23.12.2024 at about 7.30 PM, all the FIR named accused persons assaulted informant and his father by means of iron rod, as a result of which, father of the informant died and three persons were left injured.

5. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and

3/4 omnibus allegation has been made against the petitioners. Informant is not eye-witness to the occurrence. The specific allegation of assault is against co-accused Prithvi Yadav, who assaulted the deceased by means of Khanti. The petitioner of Criminal Miscellaneous No. 78787 of 2025 has one criminal antecedent and he is in custody since 11.08.2025, petitioner of Criminal Miscellaneous No. 79702 of 2025 has one criminal antecedent and he is in custody since 31.07.2025 and petitioner of Criminal Miscellaneous No. 80725 of 2025 has one criminal antecedent and he is in custody since 31.07.2025.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. Learned APP further submitted that there is allegation against the petitioners of assaulting the deceased due to which he died and therefore, the petitioners do not deserve to be released on bail.

7. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kawakole P.S. Case

4/4 No. 456 of 2024, subject to the following conditions: (I) One of the bailors shall be the petitioners' own or close member.

(II) The petitioners shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioners shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) manish/- U T